Senior Trial Partner Yuko A. Nakahara, Partner Nicole S. Barresi and Associate Ashley Mullings-Maragh successfully obtained Summary Judgment in a case where the Plaintiff alleged that MCB’s client, a Hemodialysis Center, was negligent in their post-treatment supervision of a patient by allowing her to suffer a fall and sustain injuries that were claimed to have led to her death.
A motion for Summary Judgment was filed on behalf of the Dialysis center and its named staff, supported by an expert Affirmation attesting to the adequacy of the care and supervision provided prior to, during, and following the patient’s dialysis treatment. The Plaintiff’s case focused on an allegation that the Defendants should not have permitted the decedent to stand unassisted for testing following the completion of dialysis. In support of the motion, the defense argued that this was necessary to ensure that this ambulatory patient was stable for discharge. Plaintiff opposed the motion and argued that the Defendants were negligent in permitting her to stand and ultimately fall. The Court found the Plaintiff’s expert’s opinions to be grossly vague, speculative, and conclusory, and therefore insufficient to rebut Defendants’ prima facie showing of entitlement to Summary Judgment. Accordingly, the action was dismissed and the motion for summary judgment was granted in full.